3304:1-21-09
Program penalties.

(A)
Causes for
penalty charges include: reports required by BE that are incomplete, inaccurate
or late; payments of any type required by BE except payments required by the
BGA, that are unpaid, incomplete or late; or checks returned for insufficient
funds. The following penalty charges and actions shall be implemented except
when the operator submits an untimely report or payment due to a verified
admission for hospitalization of the operator, or the death of the operator or
the operator's legal spouse, or when documented disaster or destruction of the
facility or business records materially interferes with the operator's ability
to file reports or make payments in a timely manner. In either instance reports
or payments must be submitted within fifteen calendar days of the original due
date. The progression of penalties shall apply on a per-facility basis.

(1)
The first occurrence in any federal
fiscal year an operator has cause for penalty as cited in paragraph (A) of this
rule, the operator shall receive written notice from BSVI that subsequent
occurrences during the federal fiscal year shall be cause for monetary
penalties.

(2)
The second
occurrence in any federal fiscal year an operator has cause for penalty as
cited in paragraph (A) of this rule, a penalty of one hundred dollars shall be
added to the billing invoice for service charge. If the operator upon the first
imposition of this monetary penalty successfully completes a BE approved
training the occurrence will be withdrawn. Upon the next occurrence the penalty
shall be applied as a second occurrence and any subsequent occurrence shall
progress to paragraph (A)(3) of this rule.

(3)
The third occurrence or more in any
federal fiscal year an operator has cause for penalty as cited in paragraph (A)
of this rule, a penalty of two hundred dollars shall be added to the billing
invoice.

(4)
The fourth occurrence
shall result in a two hundred dollar penalty, corrective action plan, and
additional record reviews as deemed appropriate. Such records reviews may be
conducted by RSC, its designee or agent.

(5)
In applying the above cited penalties,
each occurrence in a federal fiscal year shall result in a progression of the
penalties.

(6)
In addition to the
above cited penalties and actions, the operator shall be charged a fifty-dollar
program service fee for payments returned for insufficient funds.

(B)
The BSVI director may
immediately suspend the BOA for up to fourteen calendar days which shall not be
considered discipline:

(1)
When the actions
or inactions of the operator places BE in jeopardy of immediately losing the
facility because of noncompliance with the permit or BGA;

(2)
If the operator is absent from the
location pursuant to rule
3304:1-21-04 of the
Administrative Code causing the facility to be closed or temporarily closed in
violation of the BGA;

(3)
If the
operator is indicted and, or engaging in criminal activity as defined in
paragraph (M) of rule
3304:1-21-01 of the
Administrative Code;

(4)
If the
actions or inactions of the operator cause or allow conditions to exist, which
present a clear and present danger to the operator or others.

(C)
The BSVI director shall
terminate the BOA for the following reasons:

(1)
Failure to pay any fee required through
the BOA by close of business on the fifteenth calendar day after receipt of the
thirty day notice. Copies of the notice shall be sent to the area OVRC
representative and alternate;

(2)
Failure of an operator to submit an MOR or inventory at the designated BE
location by close of business on the fifteenth calendar day after receipt of
the thirty day notice. Copies of the notice shall be sent to the area OVRC
representative and alternate;

(4)
Revocation or suspension of the
operator's license in accordance with rule
3304:1-21-13 of the
Administrative Code;

(5)
BE
approval of a thirty day written notice of resignation by the operator to BE;

(6)
The date on which the closing
inventory required in rule
3304:1-21-07 of the
Administrative Code is conducted;

(7)
As otherwise listed in Chapter 3304:1-21
of the Administrative Code.

(D)
Upon certification to the attorney
general's office for past due program charges, BE may revoke as operator's
license in accordance with rule
3304:1-21-13 of the
Administrative Code unless paid in full within one hundred twenty days of
certification.

(E)
Any unpaid
program charges more than forty-five days past due shall have a twenty-five per
cent penalty added to the total of unpaid program charges and shall then be
forwarded to the state of Ohio, attorney general's office, collection recovery
unit in accordance with section
131.02 of the Revised Code.